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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of wind-powered energy device |
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construction areas by certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 240, Local Government Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. WIND-POWERED ENERGY DEVICES |
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Sec. 240.101. DEFINITIONS. In this subchapter: |
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(1) "Military aviation facility" means a base, |
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station, fort, or camp at which fixed-wing aviation operations or |
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training is conducted by the United States Air Force, the United |
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States Air Force Reserve, the United States Army, the United States |
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Army Reserve, the United States Navy, the United States Navy |
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Reserve, the United States Marine Corps, the United States Marine |
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Corps Reserve, the United States Coast Guard, the United States |
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Coast Guard Reserve, or the Texas National Guard. |
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(2) "Wind-powered energy device" means an apparatus |
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designed or adapted to: |
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(A) convert the energy available in the wind into |
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thermal, mechanical, or electrical energy; |
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(B) store the energy converted under Paragraph |
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(A), either in the form to which originally converted or another |
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form; or |
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(C) distribute the energy converted under |
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Paragraph (A). |
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Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a county: |
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(1) that is located adjacent to an international |
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border; and |
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(2) in which a military aviation facility that trains |
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military personnel to pilot aircraft and a national recreation area |
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are located. |
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Sec. 240.103. DESIGNATION OF CONSTRUCTION AREAS. (a) The |
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commissioners court of a county by order may, in collaboration with |
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the military aviation facility located in the county: |
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(1) designate one or more appropriate locations for a |
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person to install a wind-powered energy device in the |
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unincorporated area of the county in accordance with this section; |
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and |
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(2) prohibit the installation of a wind-powered energy |
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device in the county in an area other than a designated area. |
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(b) An order under Subsection (a) may not apply to a |
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wind-powered energy device installed before the effective date of |
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the order. |
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(c) Areas designated by a county under Subsection (a) must |
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maintain compatibility with the activities of the military aviation |
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facility. |
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SECTION 2. This Act takes effect September 1, 2021. |